Showing : 1-10 of 68 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 3-- Benami transaction - Sale deed in favour of wife - Merely because husband contributed part sale consideration, it cannot be inferred that sale deed in favour of wife was benami transaction and for and at behalf of joint family...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 3-- Benami transaction - Sale deed in favour of wife - Merely because of stamp duty at the time of execution of sale deed was purchased by husband, by that it cannot be said that sale deed in favour of wife was benami transaction...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Benami transaction - Financial assistance - Merely because some financial assistance was given by father to his sons to purchase the properties, transactions cannot be said to be benami in nature...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4-- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Adverse possession-- Adverse possession and benami transaction - Both the pleas are mutually inconsistent and destructive - Pleas rightly rejected...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Partition suit-- Plea of Benami Transaction - Defendant failed to prove that suit properties were purchased Benami - Admittedly, suit properties were purchased jointly in name of plaintiff and defendant No.1, who are brothers - Moreover, defendant No.1 failed to prove his source for mobilizing funds - Reason for..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Benami Transactions (Prohibition) Act, 1988, Section 4(1)-- Second appeal - Question of maintainability of suit on the basis of S.4(1) of Benami Transaction Act - It is purely a question of law and can be decided in second appeal...........

Showing : 1-10 of 68 Results